GUILTY PLEA and PLEA AGREEMENT

United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

CRIMINAL NO. 1:11-CR-364

The United States Attorney for the Northern District of Georgia ("the Government") and Defendant AMYN MOTORS, INC., a corporation organized and existing under the laws of the State of Georgia, through its Chief Executive Officer and Chief Financial Officer, Amyn Haji, and its Secretary and Registered Agent, Aziz Haji, enter into this plea agreement as set forth below in Part IV pursuant to Rule 11 ( c )(1 )(B) of the Federal Rules of Criminal Procedure. AMYN MOTORS, INC., Defendant, having received a copy of the above-numbered Information and having been arraigned, hereby pleads GUlL TY to Counts One and Two thereof.

I. ADMISSION OF GUlL T

The Defendant admits that it is pleading guilty because it is in fact guilty of the crimes charged in Counts One and Two of the Information.

II. ACKNOWLEDGMENT & WAIVER OF RIGHTS

against it. If the Defendant wished, it could present evidence in its defense, and it could subpoena witnesses to testify on its behalf. If the Defendant were found guilty after a trial, it would have the right to appeal the conviction.

The Defendant understands that by pleading guilty, it is giving up all of these rights and there will not be a trial of any kind.

By pleading guilty, Defendant also gives up any and all rights to pursue any affirmative defenses and other pretrial motions that have been filed or could have been filed.

The Defendant also understands that it ordinarily would have the right to appeal its sentence and, under some circumstances, to attack the conviction and sentence in post-conviction proceedings. By entering this Plea Agreement, the Defendant may be waiving some or all of those rights to appeal and to collaterally attack its conviction and sentence, as specified below.

Finally, the Defendant understands that, to plead guilty, its representative may have to answer, under oath, questions posed to him or her by the Court concerning the rights that the Defendant is giving up and the facts of this case, and the representative's answers, if untruthful, may later be used against him or her in a prosecution for perjury or false statements.

III. ACKNOWLEDGMENT OF PENALTIES

The Defendant understands that, based on its plea of guilty, it will be subject to the following maximum and mandatory minimum penalties:

As to Count One

(a) Probation: one to five years.

(b) Maximum fine: the greatest

2. Twice the gross pecuniary gain derived from the crime; or 3. Twice the gross pecuniary loss to the victims of the crime.

(c) Mandatory special assessment: $400.00, due and payable immediately.

(d) Forfeiture of any and all property involved in the offense.

As to Count Two

(a) Probation: one to five years.

(b) Maximum fine: the greatest

of-1. $500,000;

2. Twice the gross pecuniary gain derived from the crime; or 3. Twice the gross pecuniary loss to the victims of the crime.

(c) Mandatory special assessment: $400.00, due and payable immediately.

The Defendant understands that, before imposing sentence in this case, the Court will be required to consider, among other factors, the provisions of the United States Sentencing Guidelines and that, under certain circumstances, the Court has the discretion to depart from those Guidelines. The Defendant further understands that the Court may impose a sentence up to and including the statutory maximum as set forth in this paragraph and that no one can predict its exact sentence at this time.

IV. PLEA AGREEMENT

The Defendant, its counsel, and the Government, subject to approval by the Court, have agreed upon a negotiated plea in this case, the terms of which are as follows:

No Additional Charges

Defendant is pleading guilty. The Defendant, Amyn Haji and Aziz Haji understand that this provision does not bar prosecution by any other federal, state, or local jurisdiction.

Sentencing Guidelines Stipulations Base/ Adjusted Offense Level Stipulations

Based upon the evidence currently known to the Government and the Defendant, the Government and the Defendant will stipulate to the following applications of the Sentencing Guidelines as to Counts One and Two of the above-numbered Information:

(a) The applicable offense guidelines are included in Chapter 8 and § 2S 1.3.

(b) The base offense level under§ 2S1.3(a)(2) (as incorporated by§ 8C2.3) is 18.

(c) The specific offense characteristics under§ 2S 1.3(b) (as incorporated by§ 8C2.3) do

not apply.

Right to Answer Questions, Correct Misstatements, and Make Recommendations

The Government reserves the right to inform the Court and the Probation Office of all facts and circumstances regarding the Defendant and this case, and to respond to any questions from the Court and the Probation Office and to any misstatements of fact or law. Except as expressly stated elsewhere in this Plea Agreement, the Government also reserves the right to make recommendations regarding application of the Sentencing Guidelines.

Right to Modify Recommendations

the Court and the Probation Office. In addition, if the additional evidence is sufficient to support a finding of a different application of the Guidelines, the Government will not be bound to make the recommendation set forth elsewhere in this Plea Agreement, and the failure to do so will not constitute a violation of this Plea Agreement.

Sentencing Stipulations and Recommendations Probation

The Government and the Defendant agree to jointly recommend that the Defendant be sentenced to probation for a term of five years.

Fine

The Government agrees to make no specific recommendation as to any additional fine to be imposed on the Defendant within the applicable guideline range.

Forfeiture

The Defendant, as well as Amyn Haji and Aziz Haji individually, agree to the forfeiture of any and all interests in any and all property, real and personal, that was involved in the commission of Count One of the Information, including but not limited to the following:

a. $9 1,226.97 seized from Bank of North Georgia, Account Number X- 17 19, held in

the name of Amyn Haji and Aziz Haji, d/b/a Amyn Motors, Inc.;

b. $22,895.00 seized from Fidelity Bank, Account Number X- 1345, held in the name

of Amyn Haji; and

c. A money judgment in the amount of $60,000.00 in United States currency. The

$60,000.00 in full satisfaction of this money judgment, in certified funds, at or before sentencing.

The Defendant, as well as Amyn Haji and Aziz Haji individually, acknowledge that there is a related civil forfeiture action, Civil Action No. 1: 1 0-CV -2554-TWT, pending in the District Court for the Northern District of Georgia, in connection with the seizure and forfeiture of $9 1,226.97 seized from Bank of North Georgia, Account Number X- 17 19, held in the name of Amyn Haji and Aziz Haji, d/b/a Amyn Motors, Inc. and $22,895.00 seized from Fidelity Bank, Account Number X- 1345, held in the name of Amyn Haji. The Defendant, as well as Amyn Haji and Aziz Haji individually, agree to the court's entry of a final order of forfeiture, forfeiting all of the seized funds, in United States v.$91,226.97, et. al., Civil Action No. 1: 10-CV-2554-TWT (N.D. Ga.). The Defendant acknowledges that each asset covered by this agreement is subject to forfeiture pursuant to 3 1 U.S.C. § 53 17(c)(l) as property involved in the offense to which the Defendant is pleading guilty. The Defendant, as well as Amyn Haji and Aziz Haji individually, waive all present and future challenges to the forfeiture and acknowledge that they are not entitled to use forfeited assets to satisfy any tax obligations, fine, restitution, or any other penalty the Court may impose upon the Defendant in addition to forfeiture.

Financial Cooperation Provisions Special Assessment

Defendant agrees to provide proof of such payment to the undersigned Assistant United States Attorney within 30 days of the guilty plea.

Fine/Restitution - Terms of Payment

The Defendant agrees to pay any fine and/or restitution imposed by the Court to the Clerk of Court for eventual disbursement to the appropriate account and/or victim(s ). The Defendant also agrees that the full fine and/or restitution amount shall be considered due and payable immediately. If the Defendant cannot pay the full amount immediately and is placed under the supervision of the Probation Office at any time, it agrees that the Probation Office will have the authority to establish payment schedules to ensure payment of the fine and/or restitution. The Defendant understands that this payment schedule represents a minimum obligation and that, should Defendant's financial situation establish that it is able to pay more toward the fine and/or restitution, the Government is entitled to pursue other sources of recovery of the fine and/or restitution. The Defendant further agrees to cooperate fully in efforts to collect the fine and/or restitution obligation by set-off of program payments, execution on non-exempt property, and any other means the Government deems appropriate. Finally, the Defendant and its counsel agree that Government officials may contact the Defendant regarding the collection of any fine and/or restitution without notifying and outside the presence of its counsel.

Disclosure of Assets

Defendant understands and agrees that Defendant's failure to comply with this provision of the Plea Agreement should result in Defendant receiving no credit for acceptance of responsibility.

Forfeiture

The Defendant, as well as Amyn Haji and Aziz Haji individually, hereby waive and abandon all interest in any asset described by this agreement in any administrative or judicial forfeiture proceeding, whether criminal or civil. To the extent that the Defendant, Amyn Haji and/or Aziz Haji have filed Statements of Interest, Answers, claims, or petitions for remission for any such asset, including the claims filed for any of the property listed above, they hereby immediately withdraw those filings. With regard to all forfeitable assets, the Defendant, as well as Amyn Haji and Aziz Haji individually, agree to take all steps necessary to ensure that the property is not hidden, sold, wasted, destroyed, or otherwise made unavailable for forfeiture. In addition, the Defendant, Amyn Haji and Aziz Haji agree not to file a Statement oflnterest, Answer, claim, or petition for remission for such asset in any administrative or judicial proceeding that may be initiated or that have been

I

initiated. The Defendant, Amyn Haji and Aziz Haji agree to cooperate truthfully and completely with the Government in all matters related to the forfeiture of assets in connection with the facts and circumstances giving rise to this prosecution, and to testify truthfully in any forfeiture proceeding relating to their cooperation.

Defendant, Amyn Haji and Aziz Haji hereby agree to hold all law enforcement agents and the United States, its agents, and its employees harmless from any claims whatsoever arising in connection with the seizure or forfeiture of any asset covered by this agreement.

Recommendations/Stipulations Non-binding

The Defendant understands and agrees that the recommendations of the Government incorporated within this Plea Agreement, as well as any stipulations of fact or guideline computations incorporated within this Plea Agreement or otherwise discussed between the parties, are not binding on the Court and that the Court's failure to accept one or more of the recommendations, stipulations, and/or guideline computations will not constitute grounds to withdraw its guilty plea or to claim a breach of this Plea Agreement.

Limited Waiver of Appeal

Miscellaneous Waivers FOIA/Privacy Act Waiver

No Other Agreements

There are no other agreements, promises, representations, or understandings between the Defendant and the Government.

rt this 2 1st day of July, 2011.

IGNATURE (Attorney for Defendant, Amyn Haji and Aziz Haji)

MANNY ARORA

SIGNATURE (Assistant U.S. Attorney)

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SIGNATURE (Assistant U.S. Attorney) MARY F. KRUGER

SIGNATURE (Approving Official) GLENN D. BAKER

DATE

SIGNATURE (Defendant) AMYN MOTORS, INC.

By AM HAJI, CEO AND CFO

SIGNATURE AMYNHAJI .

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AZIZ HAJI

THIS DOCUMENT IS A DRAFT FOR THE PURPOSE OF DISCUSSION. NO PLEA OFFER IS MADE UNTIL AND UNLESS THIS DOCUMENT IS SIGNED BY AN APPROVING OFFICIAL FROM THE UNITED STATES ATTORNEY'S OFFICE.

at a trial. I have read the foregoing Plea Agreement and have carefully reviewed every part of it with my attorney. I understand the terms and conditions contained in the Plea Agreement, and I voluntarily agree to them. I also have discussed with my attorney the rights I may have to appeal or challenge my conviction and sentence, and I understand that the appeal waiver contained in the Plea Agreement will prevent me, with the narrow exceptions stated, from appealing my conviction and sentence or challenging my conviction and sentence in any post-conviction proceeding. No one has threatened or forced me to plead guilty, and no promises or inducements have been made to me other than those discussed in the Plea Agreement. The discussions between my attorney and the Government toward reaching a negotiated plea in this case took place with my permission. I am fully satisfied with the representation provided to me by my attorney in this case.

SIGNATURE (Defendant) AMYN MOTORS, INC.

By AMYN HAJI, CEO AND CFO

DATE

2-u \1

I am AMYN MOTORS, INC.'s lawyer. I have carefully reviewed the charges and the Plea Agreement with my client. To my knowledge, my client is making an informed and voluntary decision to plead guilty and to enter into the Plea Agreement.

INFORMATION BELOW MUST BE TYPED OR PRINTED MANNY ARORA

NAME (Attorney for Defendant)

75 W. Wieuca Road NE STREET

Atlanta GA 30342

CITY & _{STATE ZIP CODE}

PHONE NUMBER 404-88 1-8866

AMYN MOTORS, INC. NAME (Defendant)

3378 Lawrenceville Highway STREET

Tucker, Georgia

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ooJ- t(

CITY & _{STATE ZIP CODE}

PHONE NUMBER

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c::}J?-STATE BAR OF GEORGIA NUMBER _____ _

Filed in Open Court

U. S. DEPARTMENT OF JUSTICE Statement of Special Assessment Account

This statement reflects your special assessment only. There may be other penalties imposed at sentencing.

I

ACCOUNT

INFORMATION

CRIMINAL ACTION NO.:

.·

DEFENDANT'S NAME; .

AMYN MOTORS, INC .

:_:

. . .. . ·. ·

PAYTHISAMOUNT:

1. PAYMENT MUST BE MADE BY CERTIFIED CHECK OR MONEY

ORDER PAY ABLE TO:

CLERK OF COURT, U.S. DISTRICT COURT

*PERSONAL CHECKS WILL NOT BE ACCEPTED*

2. PAYMENT MUST REACH THE CLERK'S OFFICE WITHIN 30 DAYS OF

THE ENTRY OF YOUR GUILTY PLEA

3. PAYMENT SHOULD BE SENT OR HAND DELIVERED TO:

Clerk, U.S. District Court 22 1 1 U.S. Courthouse 75 Spring Street, S.W. Atlanta, Georgia 30303

(Do not Send Cash)

4. INCLUDE DEFENDANT'S NAME ON CERTIFIED CHECK OR MONEY

ORDER

5. ENCLOSE THIS COUPON TO INSURE PROPER AND PROMPT

APPLICATION OF PAYMENT

6. PROVIDE PROOF OF PAYMENT TO THE ABOVE-SIGNED AUSA WITHIN

30 DAYS OF THE GUILTY PLEA